Not Ready to Settle: Never Commit Unless You Mean It

If you’re ever been a plaintiff or a defendant, you know that a lot of lawyer time can be spent outside the courtroom trying to get to a settlement. Settlement negotiations can go south for a lot of reasons, but there’s one great way to help get to a deal that you’re satisfied with.

Get to the Right Settlement Deal: What Not to Do

You’ll never get stuck with a settlement that you don’t like unless you agree to it. This is what happened to a Defendant in Killick Fisheries v Atlantic Treasure Seafoods Limited et al., 2012 NLTD(G) 69. The case was a small commercial dispute – the parties were involved in commercial sea foods – but the background facts don’t matter except to say that it was a contract dispute over monies owing.

Continue reading “Not Ready to Settle: Never Commit Unless You Mean It”

How do I Sell My House & Land?

Selling real estate in Newfoundland & Labrador is, generally, easier than buying it.  There are two core documents that a seller needs to concern themselves with:

  1. A Purchase & Sale Agreement; and
  2. A Deed of Conveyance.

These are not the only instruments that your lawyer will require or create on a sale of land, but the Purchase & Sale Agreement and the Deed of Conveyance are key to any real estate transaction involving a transfer of title.

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Continue reading “How do I Sell My House & Land?”

A Land Survey is not a Deed

A lot of people in Newfoundland and Labrador have land title problems.  Unfortunately for a lot of people, many Newfoundlanders “have” land that they believe is theirs, but that they don’t have anything remotely close to marketable title to.  Title problems will often float to the surface when people try to buy or sell a parcel of land, or when there is a racket about a boundary or an easement.  Many times a land survey is involved.

A Land Survey does not give you Title to Land

Q: “Hey there, what’s up?”

A: “Fine thanks!” 🙂

Very often when I ask a client if they have title to a parcel of land I get an answer like this: “Oh yes, I had it surveyed.”  Like the answer in the block quote above, it almost seems like it could be a meaningful answer to the question, but it isn’t.  If you are not clear on the difference between a land survey and a deed, and you didn’t go to law school, then I hope you find this brief post helpful. (And if you aren’t clear on the difference between a land survey and a deed, and you did go to law school, then I really hope you find it helpful). Continue reading “A Land Survey is not a Deed”

What do I put in my Will?

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Have you prepared a Last Will and Testament?

 

Most adults in Newfoundland and Labrador should think about writing a Last Will and Testament.  Separate from the question of whether you really need one (and the general advice is that you should probably have one), is the question of what you put in your Will once you’ve decided to put one together. Continue reading “What do I put in my Will?”